factual

How will the assets of a terminated Bb.Q Chicken franchise operating from a subleased premises be appraised by Bb.Q Chicken?

Bb_Q_Chicken Franchise · 2025 FDD

Answer from 2025 FDD Document

Notwithstanding anything to the contrary contained in Sections 18.11 and 18.12, if you operate the Franchised Business from a premises that is subleased to you by us, upon termination (or expiration if you do not enter into a successor franchise agreement) of this Agreement, we shall have the right to take immediate possession of all or a portion of the assets of the Franchised Business, including any or all of the furnishings, equipment (including any point-of-sale or computer hardware and software systems), signs, fixtures, motor vehicles, supplies, and inventory of yours related to the operation of the Franchised Business. We shall have a lien against all such assets in the amount of any amounts due to us under this Agreement or any other agreement. We shall have the right to have such assets appraised at the lower of cost or fair market value of the used assets, and to acquire all right, title and interest to such assets, without conducting any public sale, by paying to you (or to any lender of yours who has a lienholder interest in the assets) the difference between the appraised value and the amounts owed to us by you at the time of termination. If the lien on the assets from your lender has priority over any lien of ours, and the amount of the lien is in excess of the appraised value of such assets, we shall have the right to deal directly with your lienholder, and to pay any amounts due to you directly to the lienholder. You agree to provide all further assurances, and to execute all documents required by us or by law to lawfully effect such transfer, and to perfect our security interest. We shall have the right to take such action without the execution of any further documents by you if you fail or refuse to comply with these further assurances.

Source: Item 23 — RECEIPTS (FDD pages 62–283)

What This Means (2025 FDD)

According to the 2025 Bb.Q Chicken Franchise Disclosure Document, if a franchisee operates their Bb.Q Chicken business from a location subleased by Bb.Q Chicken and the franchise agreement is terminated (or expires without a successor agreement), Bb.Q Chicken has the right to take immediate possession of all or part of the franchise's assets. These assets can include furnishings, equipment (including point-of-sale systems), signs, fixtures, vehicles, supplies, and inventory.

Bb.Q Chicken holds a lien against these assets for any amounts the franchisee owes to Bb.Q Chicken under the Franchise Agreement or any other agreement. The assets will be appraised at the lower of their cost or fair market value as used assets. Bb.Q Chicken can then acquire the rights to these assets without a public sale by paying the franchisee (or their lender, if applicable) the difference between the appraised value and the amount owed to Bb.Q Chicken at the time of termination.

If a lender has a lien on the assets that takes priority over Bb.Q Chicken's lien, and the amount of the lender's lien exceeds the appraised value of the assets, Bb.Q Chicken has the right to deal directly with the franchisee's lender. Bb.Q Chicken will pay any amounts due to the franchisee directly to the lienholder. The franchisee must provide all necessary assurances and documents to effect the transfer and perfect Bb.Q Chicken's security interest. If the franchisee fails to comply, Bb.Q Chicken can take action without further documentation from the franchisee.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.